(PC) Bouie v. Smith et al

Filing 21

ORDER signed by Magistrate Judge Allison Claire on 10/14/2020 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Defendants to file any motion to opt out of the Post-Screening ADR Project no more than 60 days from the date of this order. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIRK JAONG BOUIE,

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Plaintiff,

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No. 2:18-cv-2040 KJM AC P

v.
OSCAR SMITH, et al.,

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ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND
STAYING CASE FOR 120 DAYS

Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Defendants Smith, Rossi and

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Harwood have waived service of process under the court’s E-Service Pilot Program for prisoner

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civil rights cases.

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The undersigned is referring all post-screening civil rights cases filed by pro se state

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inmates to the Post-Screening ADR (Alternative Dispute Resolution) Project in an effort to

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resolve such cases more expeditiously and less expensively. No defenses or objections shall be

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waived by participation.
As set forth in the screening order, plaintiff has stated potentially cognizable civil rights

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claims. Accordingly, the court stays this action for a period of 120 days to allow the parties to

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investigate plaintiff’s claims, meet and confer, and then participate in a settlement conference.

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There is a presumption that all post-screening prisoner civil rights cases assigned to the

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undersigned will proceed to settlement conference.1 However, if after investigating plaintiff’s

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claims and speaking with plaintiff, and after conferring with defense counsel’s supervisor,

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defense counsel in good faith finds that a settlement conference would be a waste of resources,

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defense counsel may move to opt out of this pilot project. A motion to opt out must be filed

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within sixty (60) days of the date of this order.

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Once the settlement conference is scheduled, at least seven (7) days prior to the

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conference, each party shall submit to the settlement judge a confidential settlement conference

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statement. The parties’ confidential settlement conference statements shall include the following:

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(a) names and locations of the parties; (b) a short statement of the facts and alleged damages; (c) a

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short procedural history; (d) an analysis of the risk of liability, including a discussion of the

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efforts made to investigate the allegations; and (e) a discussion of the efforts that have been made

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to settle the case. Defendant shall e-mail the settlement conference statement to the settlement

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judge’s e-mail box for proposed orders, available on the court’s website. Plaintiff shall place his

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settlement conference statement in the U.S. mail addressed to the settlement conference judge,

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United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his

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settlement conference statement so that it is received by the court at least seven (7) days before

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the settlement conference.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This action is stayed for 120 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. Except as provided herein or by subsequent court

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order, no other pleadings or other documents may be filed in this case during the stay of this

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action. The parties shall not engage in formal discovery, but the parties may elect to engage in

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informal discovery.

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2. Defendants shall file any motion to opt out of the Post-Screening ADR Project no
more than sixty (60) days from the date of this order.

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If the case does not settle, the court will set a date for the filing of a responsive pleading.
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3. At least seven (7) days prior to the settlement conference, each party shall submit a

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confidential settlement conference statement, as described above, to the settlement judge.

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Defendant shall e-mail the settlement conference statement to the settlement judge’s proposed

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orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail

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addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA

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95814. Plaintiff shall mail his settlement conference statement so that it is received by the court

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at least seven (7) days before the settlement conference.

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4. If a settlement is reached at any point during the stay of this action, the parties shall
file a Notice of Settlement in accordance with Local Rule 160.
5. The parties remain obligated to keep the court informed of their current addresses at

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all times during the stay and while the action is pending. Any change of address must be reported

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promptly to the court in a separate document captioned for this case and entitled “Notice of

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Change of Address.” See L.R. 182(f).

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DATED: October 14, 2020

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